Justices Act 1850 (SA)

Justice or Justices of the Pe-ace to issue his or their Summons (A j
directed to such person, stating shortly the matter of such information or complaint, and requiring him to apyear at a certain time and $ace before the same Justice or Justices, or lrefore such other Jurtiev

or Justices as shall then be there, to answer to the said inform a

1011

or complaint, and to be further dealt with according to law; aid
&ery such Summons shall be served by a Constnblc or other Pence-

A.* f

officer, or other person to whom the same shall be delivered, u ~ o n the

'$	person to whom it is so directed, by delivering the same or a copy

/ 68

thereof to the party personally, g by leaving the same or a copy thereof with some person for him at his last or most usual place of abode: and the oath or affirmation of the Constable or other person serving, sworn before any Justice of the Peace, and appearing to be signed by such Justice, shall be, deemed and tnkcn to be conclusivc evidence of such service, without the attendance of such Constable

Proviso.

or person, and without proof of' signatures. PROVIDED

ALWAYS,

.	that nothing herein-mentioned, shall oblige any Justice or Justices of the Peace, to issue any such Summons in m y case where the appli- cation for any order of Justices is by law to be made ex porte.

Proviao.

PROVIDED ALSO, that no objection shall be taken or allowed to ally information, complaint, or Summons, for any alleged defect therein, in substance or in form, or for any variance between such information, complaint, or Summons, and the evidence adduced on the part of thc informant or complainant at thc hearing of such inforrnation or com- plaint as hereinafter mentioned; but if any such variance shall appear to the Justice or Justices present and acting at such hearing, to bc such that the party so summoiled and apl3earing has been thereby deceived or misled, it shall be lawful for such Justice or Justices, upon such terms as hc or they shall think fit, to adjourn the hearing of tlre case to some future day.

~f Summons be not

11. AND BE IT ~ A C T E D,

that if the person so served with a

-+

* '	abeyed, Justices may

*,, '

issue warrant, y NIRY Summons as aforesaid, shall not be and appear before the Justice or

$4

d r '

isaue warrant In the Justices at the time and place mentioned in such Summons, and i t

first Iutance ; or if Summons,havingbeen shall be proved in manner aforesaid to such Justice or Justices,

&S. et

duly aemd,

obeyed, the Justices

not that such Summons was so served, what shall be deemed by

may p c e d eaparte,

such Justice or Justices to be a reasonable time before the time therein appointed for appearing to the same, then it shall be lawful for such

C*	Justice or Justices, if he or they shall think fit, upon oath or affirma-

*

..	tion being made before him or them, substantiating the matter of

I '

such information or complaint to his or their satisfaction, to issue

his or their warrant (B), to apprehend the party so summoned, and

. q .;'l

. Ii

to bring him before the same Justice or Justices, or before some other

,.l	eh
,'I

Justice or Justices of the Peace, to answer to the said information

;:f

" l

or complaint, and to be further dealt with according to law; or upon

h * ~ + a

such information being laid, as nforesnid, for any offrnce punishable

..	/	c<,-. 3
S

@ Q

~~~ 3-2s-

24-4-

--r

olr culiviction, the Justice or Justiccs before whom sue11 irlformatiol~
s l d l have been laid, may, if he or they shall think fit, upon oath or affirnlation being rnade before liim or thein, substantiating the matter of such information to his or their si~tisf'aetion, irlstead of isslling such SUTT~YXIOI~S tLS aforebaid, issue irl the first instarice his or their \\'arrant (C) for npprohending the person against whom sue11 information shall have been so laid, and bringing him before1 the same Justice or Juhces, or before some other Jnstice or Justices of the Peace, to arlswer to the saicl information, and to bc f~wther dealt with according to law; or if where a Summons shall be so issued as afore- said, and upon the day and a t the place appointed in and by the said Summons for the appearance of the party so summoned, such party shall fail to appear accordingly in obedience to such Suni- JnOnS, then and in evcry such case, if it be proved in manner aforesaid, to the Justice or Justices then prcscnt,. that such Sum- mons was duly served upon s~lch party, a reasonable time bcforc the time so appointed for his appearance as aforesaid, it shall be lawful for sucli Justice or Justices of the Peace to proceed ex: purta to the hearilig of such information or complaint, and to adjudicate thereon, ilij fully and effectually to all intents and purposes as if such party had persomlly appeared before him or them in obedience

to the said Suinmorls.

111. AND BE IT ENACTED,

that evcry such Warrant to appre-

Form of Warrant.

Where snd how may

heild n dcfcndant, that he may answer to any such information or	be executed. No ob-
complaint as aforesaid, shall he under the hand and seal, or hands	jection allowed for
and seals, of the Justice or Justices issuing the same, and may be	want of form in tho

U	wnrr~nt. or for any

directed either to m y Constable, or other person by rime, or gene- variance between it

and the evidence addu-

rally to all Corlsti~blcs

and Peace Officers of the Province, and it ced, but if

acceivc~

shidl state shortly thc matter of the information or complaint on cl~aigcd

by the variation, he

wliich i t is founded, and sliall name or otherwise describe the person

,,,

against whom it has been issued, and i t shall order the Constable, or djscharged upon rceng-

nlzrnce, but if lit? fail to

other person to whom it is directed, to apprehend the said defendant, ,.,,,,,

and to bring him before one or more .Justice or Justices of the Peace .il^"

certify on the

Hccogoizrucu.
(as the case may reqnire), to answer to the said information or
complaint, and to be further dealt with according to law; and that i t shall not be necessary to make sucli Warrant returnable a t any particular time, but the same may remain in full force until it shall be cxccuted; and sue11 Warrant inay be executcd by apprehending tllc dcfendnnt a t any place within which the dustices issuing the same sllall llavc jurisdiction, and in all cases where such Warrant shall be ciirected to all Constables and Peace Officers, i t shall be lawful for any Constable or other Peace Oficer, to execute such Warrant in like manner as if such Warrant were directed specially to such

Constable by name. PROVIDED

ALWYS, that no ob,jection shall be pmiso.

tnlcen or allowed, to any such Warrant to apprehend a defendant, so irsuctl upon any such information or complaint as aforesaid, under or
by
by virtue of this Ordinance, for any alleged defect tllcreili, i n sub-
stance or in form, or for any variance between it and the Evidetlce

adduced on the part of the inforrr~ant

or comylairmlt as herei~rnftcl

mentioned; but if any such variance shall appear to the Justice or party SO apprehended under such Warrant has been thereby deceived or misled, it shnll be lawful for such Jwtice or Justices, upon such terms as he or they think fit, to adjourn the hearing of the case to some f'uture day, and in the nlctlntime to commit (L)) the said defendant to the nearest House of Correction, or other Prison, or place of security, or to such other custody as the said Justice or Justices shall think fit, or to discharge him upon his entering into a

K	Recognizance (E), with or without surety or sureties a t the rliscrction of such Justice or Justices, conditioned for his appearance a t tlrc time and place to which such hearing shall be so adjourned. 1'~o-

Proviso.	VIDED ALWAYS, that in all cases where a defendant shall be discharged
upon Recognizance as aforesaid, and shall not afterwards appear at the time and place in such Recognizance mentioned, t,hen thc said Justice who shall have taken the said Recognizance, or any Justice or Justices who may then be there present, shall certify (F) upon
the back of the said Recognizance, the non-appaarance of the
defendant, and such Recogniznnce shall be procccdcd upon in like rrlanrier as other Rccognizances, and such Certificate shall be deemed sufficient prima facie Evidence of such non-appearance of thc saicl defendant.

Description of the property of partners,

IV. AND HE IT ENACTED,

that in ally i ~ f ~ r l m t i o ~ l,

or complaint,

hc. ;

ofthepropeq ,,l or the proceedings thereon, in which it shall be necessary to state the

public boar%	ownership of any property belonging to, or in possession of, partners, joint tenant* parceners, or tcnants in common, it shall be sufficient 'to name one of such persons, and to state the property to belong to the person so named and another or others, us the case may be, and	whenever in any. information or complaint, or the proceedings there-	on, it shall be ricccssary to mention, for any purpose whatsoever,
any partners, joint-tenants, parceners, or tenants in common, it shall
be sufficient to describe them in mailner aforesaid; and whenever, in
any such information or complaint, or the proceedings thereon, it shall be necessary to describe the ownership of any building or work made, maintained, or repaired, a t the expense of any public board of Commissioners or Trustees, or of any materials for the making, altering, or repairing of the same, they may be therein described as the property of such Commissioners or Trustees without naming t1lt.m.

Prosecution

and

V. AAD BB IT ENACTED,

that every person who shall aid, abet,

punishment of aiders

and	in the counsel, or procure the 'commission of any offence which is, or hcre-

c o m m i ~ s i o n o f o ~ e ~ ~ ~ ~	after shall be, punishable on summary convictiun, shall be liable to
h(: ~xoceeded against, and convicted fbr the sane, eithcr togethel-

with tllc p h c i y a l offender, or before or after his conviction, and slmll be liable, on conviction, to the same forfeiture and punishment ns such principal offender is, or shall be, by law, liable.

\:I.

A:;u

HI.; IT ENACTEU,

that if it shall be made to appear to

Power to Justice to

;my Justice of the Peare, by the oath or afhmation of any credible """'"""

witnesses to

attend arid give evi-
person, tlmt any pcrsor? ~vithin the jurisdiction of such Justice is ilcneo; if ?iun~rnoor.

likclyqto give matcrinl evidence on behalf of thc prosecutor, or corn- iaaue Warrant;

be uot obeyed, Justico

plaiilant, or defenclmt, m d will not voluntarily appear for the pur- Incertain cases may
pose of being examined as a witness a t the time and place appointed issue wairanb i r k the first instance; persons

for the hearing of such information or complaint, such Justice may, u~peariw on Sum-

mons &c. refusing to

and is hereby reqoired to, issue his sunimons (G 1) to such person,	e;minQd ,..,
under his hand and seal, requiring him to be and nppcar, a t a timc

before such other Justice or Justices of the Peace as shall t h n be

and place inentioiied in, such sun&ms, before tlie said Jostice, or 9, , a

74,

there, to testify what he shall know coi~cerning tlie matter of tlie &C

1-57

said infbrination or conlplaint; and if a ~ l y

person so summoned shall

neglect, or ~.efilse

to appear tit thc time hi<d place appointed by the

said s~mmons, and no just excuse shall be offered for such neglect or refusal, then (after proof upon oatli or affirmation before any Justice of the Ycacc, uppearing to be signed by such Justice, of such suiilriloils having been m v e d upon such person, either personally, or by leaving the same or ;I copy thereof for him with some persoli a t his last or most rlsunl place of abode, and that a ~enso~rahle sum was paid or tenderecl to him for

Ilis costs :uld expeuses in that behalf) i t shall be la~rful

for the Justice

or JL~stices behrc whom snch person should have appeared, to issue
a ~varr.;nlt (G 2) under his or tlieir lmncls and seals, to bring and.
]lnjre I)erson, at a time and place to be therein-mentioned, before
the Justic; ~ 1 1 0 issued the said &rnmons, or before such other JUs- ticc or Justices of the Peacc as s l d l then be there, to testii) as LZ f ore-
said; or if suelr Justice stmll be satisfied, by cvidericc upon oath or
n ~ i r m s t i m, that it is probable tllal such person will not attend to

@\.L. esidencc without being compelled SO to do, then, instead of issu- illg such summons, i t shall be l i ~ w f ~ d for hiin to issue his warrant

(G 3) in the first instance, and, if on the appearance of such
persol1 so srlrnnlolied bafbre the said last mcntioncd Justicc or Jus- tices, either in obcdicllce to tlic sicid summons, or upon being bfiught bcfnle llil13 or tlieix by virtue of the said warrant, such person shall refuse to be c x i u n i i d upon oath or nfhniation cor~ccrllillg the pre- luises, or slliill rrf~lse to takc such oatli or affirination, or having tztkell yUCli oath or afhnttt ion shall refuse to answcr such questions collcerning the yrcmises as sliall tlieu be \,ut to him, without offering ;lny just cxcuse for such rcfusal, any Justice of the Peace then pre-

sent, may, by warrant (G 4,) under his h a r ~ d

and seal, commit t h ~

p r ~ o n so refusing to the Common Gaol or I-Iouse of Correction liearest to the p l a c ~ where such person so refhsing sl~nll then be, lllere to rcm;lill ancl be imprisowd for m y t imr not exceeding

5eVC11

seven days, unless he shall in the meantime consent to be px-
amined, and to answer concerning the premises.

complaint. for an

VII. AND BE IT ENACTED,

that in 1111 cases of complaints ulmn

order need

in writing,

be which a Justice or Justices of the Pence may make an order for the payment of money or otherwise, i t shall not be necessary that such complaint shall be in writing, unless it shall be required to be so by some particular Statute or Law upon which such complaint sllall

be framed.

to proceeding*

VIII. AND BE IT ENACTED,

that in all cases of informations for

upon information8 f6r
offences punishable on any offences or acts punishable upon Summary Conviction, any 9 m m a y cotlvictiom variance between such information and thc evidence adduced in The party charged if
deceived by variation support thereof, as to the time at which such offence or act
and evidence, may be between infornation shall be alleged to have been committed, shall not be deemed

mmmitbd

or &a- material, if it be proved that such information was in fact laid within

charead upon. Recog the time limited by law for laying the same; and any variance nlzance ; but if he fall to m.qpear, the JUB- between such information and the evidence adduced in support

tice shall certify On thereof, as to the place in which the offence or act shall be alleged to

the Recognizance.

have been committed. shall not be deemed material: PROVIDED TITAT.

the offence or act be proved to have been eommittcd within the

'C -

jurisdiction of the Justice or Justices by whom such information shall be heard and determined; and if any such variance, or any variance in any other respect, bctween such information and the evidence adduced in support thereof, shall appear to the Justice or Justices present and acting at the hearing, to be such, that the party charged by such information has bcerl thereby deceived or misled, it shall be lawful for such Justice or Justices, upon such terms as he or they shall think fit, to adjourn the hearing of the case to some future day, and in the meantime to commit (D) the said defendant to the nearest House of Correction, or other Prison, or place of security, or to such other custody as the said Justice or Justices shall think fit, or to discharge him upon his entering into a Recognizance

Justice or Justices, conditioned for his appearance at the time and

(E) with or without surety or sureties, at the discretion of such

Provino.

place to which such hearing shall be so adjourned. PROVIDED ALWAYS, that in all cases where a defendant shall be discharged upon Reeog- niza~ce as aforesaid, and shall not afterwards appear at the time and place in such Recognizance mentioned, then the said Justice who shall have taken the said Recognizance, or any Justice or Justices who may then be there present, shall certify (F) upon the back of the said Recognizance, the non-appearance of the defendant, nlrd such Recognizance shall be proceeded upon in like manner as other Recognizances, and such certificate shall be deemed sufficient prima

fucie evidence of such non-appearance of thc said defendant.

& 3

Manner of making

IX.

AKD BE IT

ENACTED,

that every such c01nphht

upon

upon which a Justice or Ju~t ices of the Peace, is, or are, complaint or laying
or shdl be authorised by law to make an order, and that every information.
information for any offence or act punishable upon summary convic-
tion, unless some particular Statute or Law shall otherwise
require, may respectively be made or laid, without any oath or
affirmation being made of the truth thereof, except in cases of'
informations wllere the dustice or Justices receiving the same shall
thereupon issue his or their Wafrant in the first instance to apprehend
the defendant as aforesaid. And in every such case, where the

Justice or Justices shall issue his or their Warrant in the first

When Warrant is-

instance, the matter of such information shall be substantiated by .dnce, iufomatien to

nued in the first in.

the oath or affirmation of the informant, or bv some witness or wit- beuponort~l, &c.

nesses on his behalf, before any such W&&

shall be issued; And

\.	sry such complaint shall be $or one matter of complaint only, and

for two or more matters of complaint, and every such information

. i lv i i: be for one offence only, and not for two or more offences, and

ev 8 y such complaint or information may bc laid or made by the, ~ ~ & J ~.

corn1 ':iS:mnt or informant in person, or by his Counsel or Attorney, '

or otht, ;)erson authorised i n that behalf.

X. A 3 BE IT ENACTED, that in all cases where no time is already, or &all hereafter be, specially limited for making any such ~~~~m~~~~

Time limited for

Or
complaint, or laying any such information, by any Statute or Law relating to each particular case, such complaint shall be made, and such information shall be laid, within six calendar months from the time when the msttcr of such complaint or information respectively arose.

XL. AND BC: IT ENACTED,

that every such complaint and infor-

As to hearing of

mation shall be heard, tried, determined, and adjudged, by one, or ,a,ions,	complaints and infor-
two, or more, Justice or Justices of the Peace, as shall be directed by the Statute or Law upon which such complaint or information
shall be framed, or such other Laws as there may be in that	behalf; and if there be no such direction in any such ~ L t u t e or Law,
then such complaint or information may be heard, tried, determined, and adjudged; by any one Justice of "the Peace, and the room or

place in which such Justice or

Justices shall sit to hear and try any

~ n c e s in

which

Justices shall sit t o

such complaint or information, shall be deemed an open and public ,,,,

onlp lainta,

court, to which the public generally may have access, so fnr as to be deemed all open

the same can conveniently contain them, and the party against court.

whom such conlplaint is made, or information laid, shall be admitted

to make his full answer and defence thereto, and t o have the

Parties allowed to

plead by Couneel or
witnesses examined and cross-examined by Counsel or Attorney on his behalf; and every complainant or informant in any such case, shall be a t liberty to conduct such complaint or information re- sr~ectivelv, and to have the witnesses examined and cross-examined

Gy ~ o u & l or Attorney on his behalf.

XII. AND

X11.

AND n s Irr EN-~CTED,

that if a t the day and place appointcc1

If defendant does

not appear,

in and by the Summons aforesaid, for hearing and determining such

proceed to hear complaint or information, the defendant against whom the same slmll

,","g determine,	or
issue Warrant	and have been made or laid, shall not appear when called, evidence shall

till defendant is ap-

the llcaring be given in what manner the said Summons hat11 been served:

prehended.

And if i t appear to the sntisfaction of ally Justice or Justices

that the said Summons hath been duly served, in that case such

Justice or Justices may proceed to hear and dctcrminc the case in the absence of such defeldant, or the said Justice or Justices, upon the non-appearance of such defendant as :~foresaid, may, if he or they think fit, issue his or their Warrant in manncr herein-before directed.

and shall adjourn the hexring of the said coinplaillt or i~lfurlliatir

until the said tlef'endant shall be apprehended, and when

defendant shall afterwards be apprehended under such J V a r r

shall be brought before the same Justice or Justices, or sc.	other
Justice or Justices, who shall thereupon either by his or t1.1 ,: i?	\,rrant

(H) commit such defendant to the nearest House of C I r i -. ion, or other Prison, or place of security, or if hc or i !,:*y think fit, verbally to the custody of the Constable ( ot.'ter person

who shall have apprehended him, or to such other saf;

mtody as he

or they shall deem fit, and order the said defendant to i:e brought up a t a certain time and place, before such Justice or Justices of the Peacc as shall then bc there, of wllich said order Ae complainant or

defendapt a ~ ~ ~ n r r ~

informant shall have due notice; or if upon rhe day iwd dt the place

and cornplamant, &c.
does not, Jua&c may SO appointed as aforesaid, such defendant shall attend voluntarily in
dismisatheconlplaints obedience to the Summons in that behalf served upon l~inl, or shall be

&r.. or at discretion

.aj,r.

hearing, and brought before the said Justice or Justices by virtue of any Warrant,

defendant upon Re-

Or diachqrge then if the complainant or informant having had such notice as

.-nizance,

aforesaid, d.o not appear by himself, his Counsel, or ilttorney, thr

5 said Justice or Justices shall dismiss such complaint or infbrm a t' ion,
4 unless, for some reason, he or they shall think Eroper to adjourn the hearing of the samc unto somc other day, upon such terms as he or

they shall think fit, in which case such Justice or Justices may com-

mit (D) the defendant in the meantime to the nearest EEouse of

Corrcction, or other Prison, or place of security, or to such

other custody as such Justice or Justices shall think fit, or

may discharge him upon his entering into a Recognizance (K), with

or without surety or sureties, at the discretion of such Justice or Justices, conditioned for his appearance at the time and place to

Bat

if i~e fa i i to

re- which such hea~ ing

shall be so adjourned. And if such defendant

*L'	appear, thc Justice

shall not afterwards

appear a t the time a i d place mentioned in sucll

oerlifg

3	Recognirance.	Recognizance, then the said Justice who shall have taken the said
J *	Recognizance, or any Justice or Justices who may then be tlierc
C,	present, shall certify (F) on the back of thr Recognizance t2lc
r?

non-appearance

of the

defendant, a i d such

Recognizance

i,	shall be proceeded upon in Iikc rnanrlcr aa other ilccog-

t 1:	i	l	iza	lwi
1
?

niznnces, and such certificate shall be deemed sufficient prim8
Jacie evidence of such non-appearance of the said defendant, but if

both parties appear, eitrher personally, or by their respective Counsel

i r lath"partie8

or Attornies, before the Justice or Justices who are to hear and a, d doBrmiaa tl,s

pear, Justice to hear

determine such complaint or information, then the said Justice or rase.
Justices shall proceed to hear and determine the same.

XIII. AND m IT EXACTED,

that where such defendant shall be

Proceedings on tho

of aomplrinta

present a t such hearing, the substance of thc information or complaint	and informatious.
sllall be stated to him, and lie shall be asked if he have any cause to show why he should not he convicted, or why an order should not be made against him, as the case maybc, and if he thereupon admit the truth of such irlformation or complaint, and show no cause, or no sufkient cause, why he should not be convicted, or why an order should not be made against him, as the case may be, then the Justice or Justices present at the snid hearing, shall convict him, or make 2
such information or complaint as aforesaid, then the said Justi
order against him according!y; but if he do not admit the truth such witnesses as he may examine, and such other evidencc 118 he rnay adduce in support df his information or complaint respectively, and also to hear the defendant, and such witnesses as be may examine, and such other evidence as he may adduce in his defence, and also to hear such witnesses as the prosecutor or complainant rnay examine,
in reply, if such defendant shall have examined any witnesses, or
given m y evidence other than as to his, the defendant's, general character; but the prosecutor or complainant shall not be entitled to make any observations in reply, upon the evidence given by the defendant, nor shall the defendant be entitled to make any observa- tions in reply, upon the evidence given by the prosecutor or com- plainant, in reply, ss aforesaid; and the said Justice or Justices
witnesses and evidence so adduced, shall consider the whole matter,	having heard what each party shall have to say, as aforesaid, and the	and determine the same, and shall convict, or make an order upon the defendant, or dismiss the information or complaint, as the case
may be, and if he or they convict or make an order against the
defendant, a minute or memorandum thereof shall then be made, for

which no fee shall be paid and the conviction (I 1-3)

or order (K 1-3)

shall afterwards be drawn up by the snid Justice or Justices, in proper form, under his or their hand and seal, or hands and seals,
and he or they shall causc the same to be lodged with the Clerk of
the Peace, or Bench of Magistrates, t o be by him filed among thc Records of his office, or if the said Justice or Justices shall dismiss the information or complaint, it shall be lawful for such Justice or Justices, if he or they shall think fit, being required so to
do, to make an order of dismissal of the same (L), and shall give the

defendant

defendant in that behalf a certificate thereof (M), which said certificate afterwards, upon being produced, without further proof, shall bc a bar to any subsequent information or complaint, for the same matters

Proviso

respectively, against the same party: PROVIDED ALWAYS, that if the information or complaint in any sucli case shall negative any exemption, exception, proviso, or condition, in the Statute on which the same shall be framed, i t shall not be necessary for the prosecutor or complainant in that behalf to prove such negative, but the defend: ant may prow the affirmative thereof in his defence, if he would have advantage of the same.

Prmecutor~ and

XIV. .\ND

BE IT ENACTED,

that every prosecutor of any such

tain cases to be deemed 0ompljnant5 in cer- information, not having any pecuniary interest ill the result of the
competent witnesses same, and every complainant in any such complaint as aforesaid, a d examifieh~Oo whatever his interest may be in the result of the same, shall be a oath, &C.
competent witness to support such information or complaint respect- ively, and every witness at any such hearing as aforesaid, shall be examined upon oath or affirmation, and the Justice or Justices before whom any such witness shall appear for the purpose of being so examined, shall have full power and authority to administer to

every such witness the usual oath or affirm a t'

ion.

Power to Juatices

XV. AND BE

IT ENACTED,

that before, or during, such hearing

to adjourn the hearing

of	and commit of any such information or complaint, it shall be lawful for m y one
d!fendunt.

him to go at large, or suffer Justice, or for the Justices present, in their discretion, to adjourn
diwhargs him upon the hearing of the same to a certain time and place, to be then ap-
rmogninnce. pointed and stated in the presence and hearing of the party or
parties, or their respective nttornics or agents then present, and ill the mean time the said Justice, or Justices, mav suffer the defendant 4 t o go at large, or may commit (D) him to the nearest common Gaol or House of Correction, or other Prison, or place of security,
or to such other safe custody as the said Justice or Justices shall

a recognizance (E), with or without surety or sureties, a t the dis-	think fit, or may discharge such defendant upon his entering into
cretion of such Justice or Justices, conditioned for his appearance a t the time and place to which such hearing, or further hearing, shall be adjourned; and if at the time or place to which such hearing or further hearing shall be adjourned, either or both of the parties shall not appear personally, or by his or their counsel or attornies respectively, before the said Justice or Justices,
or such other Justice or Justices as shall then be there, it shall be
lawful for the Justice or Justices then and there present, to proceed to such hearing, or further hearing, as if such party or parties were present; or if the prosecutor or complainant shall not appear, thc said Justice or Justices may dismiss such information or complaint, with or without costs, as to such Justice or Justices shall seem fit:

Ilut i fhe fa,ltar,,..p

PROVIDED ALWAYS, that in all cases where a defendant shall be dis-

charged

charged oil his recognizance as aforesaid, and ~ l d l

not afterwards par,

the Justice*lll

appear at the time and place mentioned in such recognizance, then the zanoe,

certify on tho recogni-

said Justice or Justices who shall have taken such recognizance, or m y other Justice or Justices who may then be there present, shall certify (F) on the back of the recognizance the non-appearance of such accused party, and such recognizance shall be proceeded upon in like manner as other recognizances, and such certificate shall be deemed sufficient prjnzd facie evidence of such non-appear- ance of the said defendant.

XVI, AND m IT EXACTED,

that in a11 cases of conviction, where

Form of convictions

110 particular form of such conviction is or shall be given by the and orders.

Statute or Law creating the offence, or regulating the prosecution fbr the same, and in all cases of conviction upon Statntes or Laws heretofore passed, whether any particular form of conviction have been given or not, it shall be lawful for the Justice or Justices who shall so convict, to draw up his or their conviction on parchment, or on paper, in soch one of the forms of conviction (I 1-3,) in the Schedule to this Ordinance contained, as shall be applicable to such case, or to the like effect; and where an order shall be made, and no particular form of order is or shall be given by the Statute or Law giving authority to make such order, and in all cases of orders to be made under the authority of any Statutes or Laws hitherto pssed, whether any particular form of order shall therein be given or not, it shall be lawful for the Justice or Justices bv whom such order is to be made, to draw up the same in such one 02 the forms of orders (K 1-3,) in thc Schedule to this Ordinance contained, as may be applicable to such case, or to the like effect; and in all cases where, by any Statute or Law, authority is given to commit a person to prison, or to levy any sum upon his goods or chattels by distress, for not obeying any order of n Jllstice or Justices, the defendant shall be served with a copy of the minute of	such order before any warrant of commitment or of distress shall	issue in that behalf, and such order or minute shall not form any
part of such warrant of commitment or of distress.

KVII. AND BE IT ENACTED,

that in all cases of summary convic- a W ~, " g, , ~ ~ 8 ~ ~ ~ ~ i ~ ~

tion. or of orders ma.dc by a Justice or Justices of the Peace, it shttll be specified in

their discretion to award and order, in and by such conviction or recovered bq- distress.

shall be lawful for the ~ u i t i c e or Justices making the same, in his or ~$~$~;~'$~~~

order, that the defendant shall pay to the prosecutor or co~nplairlarit

respectivclv such costs as to such Justice or Justices shall seem just

and reasoiable in that behalf, and in cases where soch dustice or

,Justices, instead of convicting or making an order as aforesaid, shall

dismiss the Information or Complaint, it shall be lawful for him or

them, in his or their discretion, in and by his or their order of dis-

missal, to sward and order that the Prosecutor or Complainant re-

spectively
spectively shall pay to the defendant such costs as to such Justice or. Justices shall seem just and reasonable, and the sums so ,zllowed for costs shall in all cases be specified in such conviction or order, or order of dismissal aforesaid, and the same shall he recoverable in the same manner and under the same warrant as any penalty or sum of money adjudged to be paid in and by such conviction or ordcr is to be recoverable; and in cases where there is no such penalty or sum to be thereby recovered, then such costs shall be recoverable by dis- tress and sale of the goods and chattels of the party, and, in default of such distress, by imprisonment, with or without hard labour, for any term not exceeding such time as shall be prescribed by Law with reference to the amount to be recovered, unless such costs shall
be sooner paid.
-

powerto Ju8tice to

XVIII. AND BE IT ENACTED,

that where a conviction adjudges s

Of din- pecuniary penalty or compensation to be paid, or where an order re-
hue
tma,
quires the payment of a sum of money, and by the Statute or Law authorising such conviction or order, such penalty, compensation, or sum of money is to be levied upon the goods and chattels of the defendant by distress and sale thereof, and also in cases where, by the Statute or Law in that behalf, no mode of raising or levying such penalty, compensation, or sum of money, or enforcing the payment of the same, is stated or provided, i t shall be lawful for the Justice or Justices making such conviction or order, or for any other Justice
of the Peace, to issue his or their warrant of distress ( N 1-2) for the purpose of levying the same, which said warrant of distress
shall be in writing under the hand and seal of the Justice mnkincr U

Where the insuing

the same: PROVI&D

ALWAYS, that whenever it shall appear to any

r warrant would be

ruinous to defendant,

Justice of the Peace to whom application shall be made for anv

or where there are no

goods, Justice may

such warrant of distress as aforesaid, that the issuing thereof w o u ~ h

commit him to prison.

be ruinous to the defendant and hia family, or whenever it shall ap-

near to such Justice, bv the confession of the d e h d n n t or other-. I kise, that he hath no sufficient goods or chattels whereon to levy such

distress, then, and in every such casc, it shall be lawful for such

Justice, if he shall deem it fit, instead of issuing such warrant of

distress, to commit such defendant to the nearest House of Correction, or, if there be no I-lousc of Correction, then to the Common Gaol, there to be imprisoned, with or without hard labour, for such time and in such manner as by Law such defendant might be so com- mitted in case such warrant of distress had issued and no goods or chattels could be found whereon to levy such penalty or sum and costs aforesaid.

Juaticeafte*huinlr;

XIX. AND BE IT ENACTED,,

that in all cases where a Justice of

warrant, may suffer

&fendant

to go nt the Peace shall issue any such warrant of distress, it shall be lawful for

Iarm or orde;

llinl him to suffer the defendkt to go at large, or verbally, or by s written

into custody mti l re-
tornbe made, unless warrant in that behalf, to order the defendant to be kept and
It" five'

recogni~ance.

by detained in safe custody, unt,il return shall be made to such warrant

of
of distress, unless such defeiidant shall give sutficient security by

Hecognizance, or otherwise, to the satisfaction of such Justice, for his appearance before him, a t the time and place appointed for the r e t ~ ~ r n of such warrant of distress, or before such other Justice or Justices as may then be there: PROVIDED ALWAYS, that in all cases where n defendant shall give security by recognizance, as aforesaid,

B U ~

it he fail to

re appear,

Justice

;md shall not afterwards appear at the time and place in such re-

tr,l,,,it

cognizance mentioned, then the said Justice who shall have taken recwizanca t o tllu

proper

officer.

the said recognizance, or any Justicc or Justices who may then be	B
there present, shall certify (F) on the back of the recognizance,	d
the non-appearance of the dcfcndant, and the recognizance shall
i
be proceeded upon in like manner as other recognizances, and such	i

certificate shall be deemed sufficient prima" j a c k evidence of such

non-appearance of the said defendant.

< "

T* L w 3;

XX. A m BE IT ENACTED,

that if a t the time and place ci$,"efa:~

2:;:;

Justice may commit or any other Constable, reciting the conviction or order, shortly, the issuing of the warrant of distress, and the return thereto, and requiring such Constable to convey such defendant to the nearest House of Correction, or, if there be no House of Correction, then to the common Gaol, and there to deliver him to the Keeper thereof, and requiring such Keeper to receive the defendant into such House
appointed for the return of any such warrant of distress, the
Constable who shall have had the execution of thc same, shall defendaOt
return (N 4,) that he could find no goods, or chattels, or no suffi-
cient goods or chattels, whereon he could levy the sum or sums
therein mentioned, or so much thereof as may not have been before
levied or paid, together with the costs of, or occasioned by, the
levying of the same, it shall be lawful for the Justice of 'the Peace
before whom the same shall be returned, to issue his Warrant of

and keep him to hard labour, in such manner, and for such time, as

of Correction, or Gaol, and there to imprison him, or to imprison him

shall have been directcd and appointed by the Statute or Ordinance on which the conviction, or order, mentioned in such warrant of dis- tress, was founded, unless the sum or sums adjudged to be paid, or remaining unpaid, and a11 costs and charges of the distress, and dso the costs and charges of the conlmitrnent and conveying of the defendant to prison, if such Justice shall think fit so to order, (the amount thereof being ascertained and stated in such commitment,) shall be sooner paid.

In all cases of pon-

XXI.

AND WIIEREAS, by some Statutes and Laws, Justices ofthe

altiea , convictions, or

orders,

whcro

the

Peace are authorised to issue warrants of distress to levy penalties

Statute or l a w, pro-

or other sums recovered before them, by distress and sale of the

vides no remedy i n de-

fault

dhtress,

offender's goods, but no further remedy is thereby povided in case

Justice lnzy commit

110 suficient distress be fnund whereon to levy such penalties: BE IT

defendant to priaon,

THEREFORE

THEBEFORE ENACTED, that in all such cases, and in all cases of eon-
viction or orders where the Statute or Law on which the same arc respectively founded, provides no remedy in case it shall be returned to a warrant of distress thereon that no sufficient goods of the party against whom such warrant shall have been issued, can be found, i t shall nevertheless be lawful for the Justice to whom such return is made, or to any other Justice of the Peace, if he or they shall think fit, by his warrant, as aforesaid, to commit the defendant to the House of Correction, or common Gaol, as aforesaid, for any term not exceeding such time as shall be prescribed by Law, with reference to the amount to be recovered, unless the sum or sums ad- judged to be paid, and all costs and charges of distress, and of the commitment and conveying of the defendant to prison, (the amount thereof being ascertained and stated in such commitment,) shall be sooner paid.

XXII. AND BE IT ENACTED,

that in all cases where the Statute or

Power to Justices

to order commitment Law, by virtue of which a conviction for a penalty or compensation,
in the firat instanae
for non.pryment a or an order for the payment of money, is made, makes no provision

ordered to be paid. distress, but directs, that if the same be not paid forthwith, or with.

penalty or of a sum for such penalty, or compensation, or sum, being levied by

in a certain time therein-mentioned, or to be mentioned, in such con- viction or. order, the defendant shall be imprisoned, or imprisoned and kept to hard labour, for a certain time, unless such penalty, compensation, or sum, shall be sooner paid, in every such case such penalty, compensation, or sum, shall not be levied by distress; but if the defendant do not pay the same, together with costs if awarded, forthwith, or at the time specified in'such conviction or order for the payment of the same, it shall be lawful for the Justice ur Justices making such conviction or order, or for any other Justice of the Peace, to issue his or their warrant of commitment (0 1-2) under his or their hand and seal, or hands and seals, requiring the constable or constables to whom the same shall be directed, to take and

Gaol, as the case may be, and there to deliver him to the Keeper

convey such defendant to the House of Correction or Common

thereof, and requiring such Keeper to receive such defendant into such House of Correction or Gaol, and there to imprison him, or to imprison him and keep him to hard labour, as the case may be, for such time as the statute or law, on which such conviction or order is founded as aforesaid, shall direct, unless the sum or sums ad- judged to be paid, and also the costs and charges of taking and con- veying the defendant to prison, if such Justice or Justices shall think fit so to order, shall be sooner paid.

Powerto Juatlc~~to

XXIII. AND BE IT ENACTED,

that where a conviction does not order

o*@~

where the

oommihnent

conviction the payment of any penalty, but that the defendant be imprisoned,

not for

enrlty, or imprisoned and kept to hard labour for his offence, or where an

nor the order or pay-

lnent of money, and order is not for the payment of money, but for the doing of some the punishment is by other act, and directs $hat in ease of the defendant's neglect or

imprimnment, &c.

refusal

refusal to do such act, he shdl be imprisoned, or imprisoned nnd kept to hard labour, and the defendant neglects or refhes to do such act, in every such case it s l ~ ~ l l be lawful for such Justice or Justices making such conviction or order, or for some other Justice of the I'ence, to issue his or their warrant of commitment (P 1-2) under his or their hand and seal, or hands and seals, and requiring the constable or constables to whom the same shall be directed, to take and convey such defendant to the House of Correction or Common Gaol as the case may be, and there to deliver him to the keeper thereof, and requiring such keeper to receive such defendant into such House of Correction or Gaol, and there to imprison him, or to imprison him and keep him to hard labour, as the case may be, for such time as the Statute or Law on which such conviction or order is founded as aforesaid shall direct; and, in all such cases,
where, by such conviction or order any sum for costs shall be ad-
judged to be paid by the defendant to the prosecutor or complainant, such sum may, if the Justice or Justices shall think fit, be levied bv

warrant of distress (P 3-4)

in manner aforesaid, and in default df

costs maybe levied

distress, the defendant may,' if such Justice or hst ices shall think defi,olt,

by dietreas; m d in

fit, be committed (P 5) to the same House of Correction or Com- may

conmittedfvr

mon Gaol in manner aforesaid, there to be imprisoned for any term

a further term.

not exceeding the time prescribed by LW with reference to the amount to be recovered, to commence a t the termination of the imprisonment he shall then be undergoing, unless such sum for costs and all costs and charges of the said distress, and also the costs and charges of the commitment and conveying of the de- fendant to prison, if such Justice or Justices shall think fit so to or- der, shall be sooner paid.

XXIV. AND BE IT ENACTED,

that where a Justice or Justices of the

~mprisonrneot

for a

subsequent ofFence ts

Peace shall, upon any such information or complaint as aforesaid, co,,,n,,

,pi,-

adjudge the defendant to bc imprisoned, and such defendant shall tion of that for prc-

then be in prison undergoing imprisonment upon a conviction for vious offence.

any other offence, the warrant of commitment for such subsequent

offence, shall, in every such case, be forthwith delivered to the Gaoler	4
to whom the same shlzll be directed; and i t shall be lawful for the Justice or Justices issuing the same, if he or they shall think fit, to award and order therein and thereby that the imprisonment for such subsequent offence shall commence at the expiration of the iinprison- ment to which such defendant shall have been previously adjudged

XXV. AND BE 1T ENACTED,

that where any information or corn-

If informrtiong_ba

plaint shall bc dismissed with costs as aforesaid, the sum which shall be dismissed, costa may

be recovered, by dis-

awarded for costs in the order for dismissal may be levied by distress tress upon prosecutor,

&C., who in default

(Q 1) on the goods and chattels of the prosecutor or complainant in ,

mqnner aforesaid; and in default of distress or prtymmt, such prose-

be ,,,iitb61.

cutor

cutor or complainant may be committed (Q 2) to the House of Cor- rection or Common Gaol in manner aforesaid, for any term not exceeding the time prescribed by Law with reference to the amount to be recovered, unless such sum ant1 all costs and charges of the distress, and of the commitment and conveying of such pro- secutor or complainant to prison (the amount thereof being ascer- tained and stated ill such commitment), shall be sooner paid.
l

After ~ e a l ~ i n t

XXVI. AND BE IT ENACTED,

that after an appeal against any

conviotion or order,

Juatica may issue S U C ~

conviction, or order, as aforesaid, shall be decided, if the same who made such convictio~l or order, or anv other Justice of the Peace, may issue such warrant of distress or cokmitment, as aforesaid, for execution of the same, as if no such appeal had been brought; and if' upon any such appeal, the Court shall order either party to pay costs, such order shall direct such costs to be paid to the Clerk or other proper officer of Court, to be by him paid over to the party en- titled to the same, and shall state within what time such costs shnll

for execution of the	distrear shall be decided in favor of the respondents, the Justice m .Justices
18II1e.

Cat. ot apped b w be paid.

recovered.

, and if the same shall not be paid within the time so limited, and the party ordered to pay the same shall not be bound by any recognizance conditioned to pay such costs, such Clerk or

officer upon application of the party entitled to such costs or of any person on his behalf, and on payment of a fee of one shilling, shall grant to the party so applying, a certificate (R ) that such costs

have not been pnid; and upon production of such certificate to any

Justice or Justices of the Peace, it shall be lawful for him or them to enforce the payment of such costs by warrant of distress (S l ) in manner aforesaid, and in default of distress, he or they may com- mit (S 2) the party against whom such warrant shall have issued,

in manner hereinbefore mentioned, for any term not exceeding the time prescribed by Law with reference to the amount to be recovered, unless the amount of such costs, and a11 costs and

charges of the distress, and also the costs of the commitment and

conveying of the said party to prison, if such Justice or Justices

shall think fit so to order, (the amount thereof being ascertained

and stated in such commitment,) shall be sooner paid.

",

Tcrmofimprisonnieht:

XXVII. AND BE IT ENACTED,

that in all cases where by any Statute

or Law, ;a Conviction, or Order, is authorised to be enforced by commitment, with or without distress, but no term of imprisonment is prescribed, such imprisonment may be in the discretion of the Magistrate, for any term not exceeding the time hereinafter men- tioned, that is to say, not exceeding seven clear days where the whole sum to be levied or remaining unpaid together with the costs shall not exceed ten shillings; for a term not exceeding fourteen clear days, where the said sum and costs shall not exceed one pound: for n term not exceeding m e calendar month, where the said sum

and

and costs shall not exceed five pounds; and for a term not exceeding three calendar months where the said sum and costs shall be of any
b <.reater amourit; and the Magistrate may, if he shall think fit, direct
that the offender ahall be kept in separate confinement not exceeding one month unlers the sum to be levied together with the costs shall
be sooner paid.

XXVIII. AND BE IT ENACTED,

that in all cases where any person

o n

payment

against whom a warrant of distress sliall issue as aforesaid, shall pay yennlty, QC., distwgs

not to be levied ; or the

or tender to the constebb having the execution of the same, the party# if im~risood

for non-payment, shall

sum or sums in such warrant mentioned, together with the amount

discharged.

of the expenses of such distress, up to the time of such payment or tender, such constable shall cease to execute the same; and in all cases in which any person shall be imprisoned, as aforesaid, for non- payment of any penalty or other sum, he may pay or cause to be paid to the keeper of the prison in which he shall be so imprisoned, the sum in the ~varrent of commitment mentioned, together with the amount of the costs, charges, and expenses (if any), therein also mentioned, and the said keeper shall receive the same, and shall thereupon discharge such person,if he be in his custody for no other matter.

XXIX. AND RE IT ENACTED,

that in all cases of summary pro-

of eum-

mary proceedings, one

ceedings before a Justice or Justices of the Peace, out of Sessions, ~,ti,,

iNflUe

upon any information or complaint as aforesaid, i t shall be lawful Bummonss

or warrant*

&C. and after convio-
for one Justice to receive such information or complaint, and to tioo or order,

grant a summons or warrant thereon, and to issue his summons or z:,yt	of	daln-
warrant to compel the attendance of any witnesses, and to do all other necessary acts and matters preliminary to the hearing, even in cases where by the Statute or LRW in that behalf, such information or cornplaint must be heard and determined by two or more Justices; and after the case shall have been so heard and determined, one Justice may issue all warrants of distress or commitment thereon;
after such hearing, shell be the Justice or one of the Justices by	arid it shall not be necessary that the Justice who so acts before or	wllonl the said case shall be heard and determined: PROVIDED

i i t w ~ ~ r s,

that in all cases where by any Statute or Law, it shall be Proviso.

required that any such information or complaint shall be heard and determined bv two or more Justices, or that a conviction, or order, shall be madeby two or more Justices, such Justices must be present and acting together during the whole of the hearing and determina- tion of the case.

XXX. AND WIIEKEAS appeals are at present allowed from the adjudieations of Justices, to Courts of General or Quarter ;

to Appeal from

aBudin-

:ar~

;

Sessions of the Peace, constituted under an ordinance of the second 7 Wm. *V. p ~ ~.	1,
day of January, one thousand eight hundred and thirty-seven, " For the establish~nerit of Courts of General or Quarter and Petty Sessions in His Majesty's Province of South Australia," And an

Ordinance

-

Ordinance has been passed bearing the --*herewith,

(No 5,

of 1850,) " For the recovery%

small debts and trial and punishment

of Minor Offences in ~outh'r~ustralia," inter a6u repealing the said last mentioned Ordinance and constituting Local Courts of Civil and Criminal Jurisdiction; and it is necessary to provide for the disposal

of such appeals in manner after mentioned :-RE

IT ENACTED,

that in all cases in which any person is now, or shall hereafter,
be entitled to appeal from any conviction, order, determination, or

T ~ I M	of al.	adjudication, of any Justice, such appeal shall be made to the Local Court of three Justices nearest to the placein which the cause of ap-
peal shall have arisen,or, in the option of the appellant, to the Local
Court in Adelaide, constituted according to the provisions of the last recited Ordinance, a t any time within one calendar month; provided at least ten days' Lotice in writing, of such appeal, stating the nature and grounds thereof, be given to the party against whom the appeal shall be brought, and provided the ap- pellant, at the time of, or forthwith after, such notice?, enter into Recognizances with two sufficient sureties before some Justice of
the Peace, conditioned duly to prosecute such appeal, and to abide
the order of the Court thereon or the event of the same appeal.

Manner of proceed*

XXXI. AND BE IT ENACTED,

that every such Appeal shall be heard

ing in Appeals.

and determined by the said Court in a summary way, and ac- cording to such General Rules of Practice as slmll be in force with reference to the proceedings of the Court in that behalf. And upon the hearing of the said Appeal, the Court may, if they shall

think fit, adjourn the same, from time to time, and may mitigate

any Penalty, Forfeitme, or Sum, and may quash, confirm, or vary the Conviction, Order, determination, or adjudication appealed from, either in whole or in part, at discretion, or may substitute n new adjudication or determination in lieu thereof, at discretion, and may make such Order concerning Costs (inclusive of the

reasonable to be paid by either party. PROVIDED ALWAYS, that the

casts of the Appeal, not exceeding Ten Pounds) as shall seem

adjudication of such Court, an appeal, shall be before three Justices, of whom one shall be a special Magistrate, and shall be concurred

in by at least two Justices who have not been concerned in the cow

viction, order, or determination appeded from.

XXXII. AND BE IT ENACTED,

that every Justice by whom any such

transmitted.

t o

conviction, order, adjudication, or determination, so appealed against, shall have been made, shall transmit the same tcr the Clerk or other proper officer of the said Local Court within ten days after the recognizances shall have been entered into, there to be kept among the records of the Court, and in any subsequent
proceeding relative to such judgment, conviction, or order, the
same, or a copy thereof, certified by the proper officer of the
Court, under his hand, shall be sufficierAt evidence thereof.
XXXIII. AND

XSXIII.

AND BE IT ENACTED,

that in case of any such judgment, h c ~ ~ ~ ~ e i o ~ ~ t ! ~

conviction, or ordgr appealed from, the originals of the evidcnce on conviction a p p i d

n	viverr on the hearing, or true copies thereof, certified as such by the > ! ~ i, ~ ~ ~ ~ ~ ~
Justice or Justices making the same, shall be sent by them to the clerk or other proper officer of the Local Court, before the first day of the Sitting at which the appeal is to be heard, or a t any time on demand by either party.

XXXIV, AND BE IT E N A C T E D, ~ ~ ~ ~

no evidcncc shall be received on

NO other evidence

the hearing of appeals as aforesaid, other than such originals or to be received on

hearing of ap als,

copies as aforesaid, except by consent or order of the Court on t11.n -ern I U ~

appeal.

the Justices below.

XXXV.

AND WHEREAS,

by divers Ordinances of the Governor and

mped of tama of

Council of South Australia, im appeal is allowed on terms and condi-	Acts o:
tions other than as aforesaid, which has been found to impede the beneficial operation thereof: BE IT ENACTED, that no appeal shall be allowed from the decision of any Magistrate under any such Law, except on the terms and conditions hereinbefore set forth, anything in any such Law to the contrary notwithstanding.

XXXVI. PROVIDED

ALWAYS, that appeals from Assessnlents made in

Appeals from ~ 8 -

pursuance of Ordinance of the t&;tieth day of September, one ~

,,, ,.

thousand eight hundred and forty-six, 'c To authorise the levying of lads, NO. 10, Sec. 26.

an Assessment in aid of the expense of repairing the Streets within 1849, No. 11, Sec. 64.

the City of Adelaide," as since continued and amended; and also in pursuance of Ordinance of the seventeenth day of November, one thousand eight hundred and forty-eight, " To regulate the occupa- tion of Crown Lands in South Australia ;"-and also in pursuance

of Ordinance of the twenty-fourth day of August, one thousand eight

hundred and forty-nine, " To constitute a Municipal Corporation for the City of Adelaide ;" And also in pursuance of any other Ordinance or Law authorising any Assessment, and appeal there- upon to any General or Quarter Sessions; shall lie to and be

heard and determined by the Local Court of three Justices

nearest to the place where such Assessment shall be made, or to

the Local Court in Adelaide, constituted as aforesaid; on the same terms and conditions, and with and subject to the same powers and provisions, as such appeals might before the commencement hereof be disposed d by Courts of General or Quarter Sessions of the Peace.

XXXVII.

A m RE IT ENACTED,

that the several forms in the Sche d u ~ ~; ~ ~ ~ ~; P ".

dules to this Ordinance contained, or Forms to the like e%ct, shall
be deemed good, valid, and sufficient in Law.

XXXVIII, AND BE IT

ENACTED,

that no conviction, order, or other

convictions

not

proceeding shall be void or voidable, or liable to be quashed, annulled, or set aside in any manner for or by reason of any deficiency in the statement of the offence therein described, if the offence be stated in
the
the words of the Statute or Law on which the proceeding shall be
had or instituted, or if it shall appear that the offence v,. one
against the true intent and meaning of such Statute or Law: Nor shall any judgment, conviction, order, or proceeding be quashed or set aside for any mere matter of form or technical error, or mistakct in any name, date, or title, or in any matter of description only, hu t
all cases regard shall be had alone to the substantial merits :tnd justice of the case.

partice not to b

XXXTX. AND BE IT ENACTED,

that no warrant of commitment for

disckarged upon de m y offence shall be held void by reason of any defect in such warrant,

fkcts	in	warrants,
provided	conviction nor shall any party be entitled to be discharged out of custody 011

took place upon good

grounds.

account of' any such dcfcct, provided it be alleged in such warra~it

that the said party has been convicted of such a11 offence, and pro-

vided it shall appear to the Court or Judge before whom such warrnut

is returned, that such conviction proceeded upon good and vnlid

grounds.

Habeas not to bo

XL. AND BE IT ENACTED,

that no Writ of

Hnbcxs Corpus shall

imued except on an

affidavit.

issue to bring up the body of any person who shall have been con- victed of any offence, or adjudged to pay any sum, or perform any

duty, unless such person, or his Attorney or Agent, shall state in an

the conviction, or proceedings, and that upon the return to well affidavit in writing to be duly sworn, the ground of objection to

writ, no objection shall be taken or considered other than such

as shall have been statcd in such afErlavit.

Writs

h&as

XLI. AND BE IT ENACTED,

that no such writ S M I issue witllout

~ M W notice in writing of the issuing thereof to the committing Magistrate, or to the Crown Solicitor, and to the opposite party or his attorney,

I
and that no ret~lrn to any such writ shall be considered by any Court or Judge, unless there shall be produced to such Court or Judge an affidavit in writing, duly sworn, stating that notice of tllc issuing of

respective dwelling places or offices, four clear days before the	S L K ~ Solicitor, and to the opposite party or his attorney, or left at their writ was given to the committing Magistrate or to the Crown
return of such writ, and that with respect to all such writs there shell be an interval of four clear days at least between the day on which they issue and the day on which they are returnable; and any such writ issuing without such notice, and not being in confor- mity to the directions herein contained, shall bc void to all intents and purposes whatsoever.

Power t o

amend

XLII. AID BE IT ENACTED,

that it shall be lawful for any Justice

convictions, &C.
or .Justices of the Pcace by whom any judgment, conviction, order. or other proceeding shall have been had or made at any time, and for the Court on appeal, to amend such judgment, conviction, ordtar,, or other proceeding according to the evidence.
X1.111. AKD

S L I I I. .\YD

RE IT

EYACTED~

that

no such

judgment,

conviction,

X o c r t i o r o n.

or ~ r d c r, or adjudication, made on appeal therefrom, shall be removed by cr?r.tiotxri, or otherwise than as herein provided, into

any

of' Her Majesty's Supreme Courts of

Record:

P ~ o v m e n point8 O ~ - L ~ W

nlay

for

ai.w.irs, that m y Justiec or .Justices of the Peace by or before h

cons~rlerntion of the

whom any such summary conviction, order, adjudication, or deter- ~ u ~ B ~ ~ ~ ~ M	court.
mination, shall be madc, and any 1,ocd Court before whom any such appeal shall be, may, a t discretion, reserve any question of Law for the consideration of the Supreme Court, and thereupon the Supreme Court shall exercise jurisdictio~i and authority in such case, in like rnanrler, and with the like incidents, as nearly as may
be, as provided with reference to Courts of Clrimilia1 Jurisdiction
by an Ordinance passed on the 'I'wenty-fifth dny of July, one thou-

sand eight hundred and forty-nine, " For the further'amendment of	NO. 3. 1849.
the Administration of the Criminal Law."

XLIV.

AND BE IT EXACTED,

that all sums of money payable under

necognirance~ may

levied

m y recognizance taken for the nppemmce of any person before any .,,,,,,,	.,
Magistrate, and afterwards forfeited, in case of n ~ n - ~ a ~ m e n t thereof,
may be levied by such Magistrate, or any Justice having jurisdiction
in the matter, with costs by distress and sale of the goods and chattels of the person liable to pay tlrc same, and the like yroceed-
ir~gs may be had thereon as by this Ordinance is directed for the
recovery of any fine, peiialty, or forfeiture,

XLV. AND RE IT ~ C T E L ),

that in every case where the persons

Rocognizaoces of

permns surrendering

who may have become bail, by recognizance, for the appearance of ,h,e

f, whom

any other person, or persons, to take their trial 011 any charge of hnvc become bail m;?y
felonv or misdenieanour, shall prove, upon oath, to the satisfaction be discharged,
of t i e Justice or Justices before whom they entered into such

recognizance, or any other Justice or Justices, that there is rea-

souable ground to believe that the person, or persons, for whose ap-

pearance the recognizance has been entered into, will abscond, and make default, it shall be lawful for such Justice, or Justices, before the return of the recognizance to the Court in which the trial is to be had, to receive from such bail, or either of them, the surrender of the person, or persons, for whose appearance bail has been so given, and, by warrant, to cause to bc brought before him or them, and to commit the person, or persons, so intended to be surrendered, to the Common Gaol, there to await his or their trial, in the same manner as if such bail had never been given; and the said Justice, or Justices, shall return the said recognizance to the proper Court, with s memorandum thereon that the same has been discharged by the surrender of the party for whose nppearance i t was entered into:

PROVIDED ALWAYS that such recognizance may be discharged, and the party accused, committed as a fo resd, by the Supreme

pmvisa

C ~ u r t,

or by m y Judge thereof, in all cases where such Court or .Judge
shall see fit.

Requlations as to

XLVI. AND BE IT EXACTED,

that in every w:~nn.nt of distress to Le

whom Penaltieu, &c.

to be paid.

issued as aforesaid, the constable or other person to whom the same

shall be directed, shall be thereby orderedim pay the a m o u t of' the sum to be levied thereunder unto the Clerk or other proper oiEccr duly authorised in that behalf; and if any person corlvicted of any penalty, ordered by a Justice or Justicvs of' the Peace to pay any sum of money, shall pay the hame to any roilstitllc or other person, such constable or other person shall forthwith pay the same to such Clerk: and if any person coimnitted to prison upon any conviction or order as aforesaid, for non-payment of m y pcnalty, or of any sun1 thereby ordered to be paid, shall desire to p:iy the same and costs before the expiration of the timc for which he shall be so ordered to be imprisoned by the warrtult for his commitment, he shall pay the same to the gaoler or kecpcr of the prison in which he shall be so imprisoned, and such gaolcr or keeper shall forthwith pay the same to the snid Clerk or Officer; and all s u m so received by the snid Clerk or Officer, shallforthwith t l i t h be paid by lrim to the party or parties to whom thc samc rcspcctivcly are to hc: pnirl, according to the direction of the Statutc or Law on which the information or complaint in that brhalf'shall have been framed: and if such Statute or Law shall contain no such directions for the pay- ment thereof t o any person or persons, then such Clerk or Officer shall pay the same to the Colonial Treasury, and for which such

Clerks to account C O ~ O & ~

Treasurer shall give him a receipt: and every wlch Clerk or

for all monies re-

inthcform Officer, and every such gaoler or keeper of a prison, shnll keep a true

of schedule t o t h i ~ and exact account of' all such monics received by him, of whom

Ordinance, and render

the same to ~ ~ l o ~ ~ i ~ l

atid when received, and to whom and when paid, in the Form (T)

Treasurer.

in the Schedule to this Ordinance annexed, or to thc likr cffcct,

and shall once every rr~onth or a t such other times as he shall be

thereunto required bv the directions of the Governor, render a fair

copy of every such &count unto the Colonial 'Treasurer.

Distribution

XLVII. AND IIE IT ENACTED,

that in all cases where, by m y Statute

penalties.
or Law, a pecuniary penalty or sum of uncertain amount sllall have been, or shall be, imposed, (that is to say) a penalty, or sum, of not less, nor more, than an amount in that behalf specified; the amount of every such penalty or sum (within the limits so prescribed) shall be in the discretion of the convicting Justice, or Justices; and that every penalty or sum awarded by such Justice, or Justiccs, shall, in all cases, (except where othcrwise provided by any such Statute or Law) and except where the informer, or party prosecuting, shall he examined as a witness, go and be distributed, onc moiety thereof'
t 0
to the uac of' 1-isa h"nresrru, her heirs and successors, for the public uses of this Province, and the support of the Government thereof; :md the othcr moicty to the use of the informer, or party prosecut- ing, who shall also be, in all cases, entitled to his, or her, costs and charges, over and above such penalty or sum to be ascertained and assessed as aforesaid.

SLVIII. PROVIDED

THAT in order to discourage corrupt practices

For diamuraging

by common Informers, it shnll be lawful for any one of the Justices	~	~	~	~	~	~	~	s	.	b	~
beforc whom any conviction shall he had, whether any share shall be directed to be paid to the Informer by any Statute or Law, or not, to adjudge that no part, or such part only of the penalty as he shall
think' fit, shall be paid to the Informer.

x1,1 X. ~ S D

ne Itr ENACTED,

that any one of the Special Magistrates

Special

M q i s.

appointed, or to be appointed, under the provisiuns of the herein- :

before recited Ordinance in that bchalf, shall have full power to do alone whatsoever is authorised by this Ordinance, or by any Statute or Law now or hereafter to be in force within the Province, to be done by any one or more Justice or Justices of the Peace; and that thc several Forms hereinafter mcntiorlcd may be varied, so far as it

may be necessary to render them applicable to the Court or other

place of sitting of such Special Magistrate.

L. ANI) BE

IT I ~ A C T E D,

that nothing ill this C)rdin,znce shall

This

Ordinance

shall not extend t o

extend, or be conatrued to extend, to any information, or complaint, I,,,,

the Customs.

or other	under, or by virtue of, any I,aw of the
Custonls.

1'1. * I ~ D

ue Ir UXACTEL),

thr~t

this Ordinance shall commence

Commencement of

from and after the first day of May in the year of Our Lord one

thousand eight hund~ed and fifty: And from and after such

of Vict. No

commencement, an Ordinance of thc Governor of South Australia,	ci, isau.
with tile advicc and consent of the Legislative Council thereof,
bcilrillg date thc second day of i\iovernber, one thousand eight lrulrdrcd and fort); two, " For Regulating Summary Proceedings before Justices of the Peace," shall bc and is hereby 'epealed; save as regiLrds matters lawfully done before the commencement hereof; and that $1 proceedings theretofore taken or commenced according to the Drovisions of tlic said repealed Ordinaoce, lnay be continued under ;his Ordinnocc.

AS to proceedings

LIT. Anu BE IT ENACTEI),

that all suits for penalties and noder form er

other llror~edings, nhich, by any Statute or L,aw shall, or may, be
prosecuted
prosecuted, or taken according to the provisions of any other law heretofore in force within the Province for regulating Summary proceedings before Justices of the Peace," may, in like manner, be prosecuted, or taken according to the provisions hereof,
Lieutenant-Governor.
Passed the Legislative Council, this
Twelfth day of March, one thou-

sand eight 'hundred a d

$fty.

~ ' M A L L O K A N,

Clerk of Council.
Whercas information bath this clay becll laid [or complaint

hath this day been medcj before thc u n ~ k r s i ~ n e c ~,

[one ] of Her Ma-

jesty's Justices of tbc I'e:rce in and for the I'rovilice of South Australia, for that you /here state sho:.ily the matter of the informa- tion or con~pl:iint./ These ;arc, tlit:rc:brc, to roi;lmnnd you, in
Her l\l;rjcsty's mini?, to be and appear on

u"c1ock in the forenoon, a t

before such

Justices of the Peacc 21s ~ n: ~ y then be there, t o answer to thc sl id 1;1form:itioll for canl~laint], and to be

further dealt with ~~ccord ing

to LAX-.

, l. S.

(E,. S.)

T o	ancl to :ill Conhtbies and Pwce

Officers of the Province of South Australia.

Whereas on

last past infbrmation

was laid [or complaint was made] before the undersigned, [one] of Her Majesty's Justices of tllc Peace in autl fbr the said Province, for that A. B. [&C., as in surnmons]; and whereas, I then issued my summons unto the said A. B., comnmndillgr him, in Her Majesty's name, to be and nppcar 011 at
o'clock in the forenoon, iit
before such ,Justices of the Pencc as might then be thcrc,
to answer to the said information [or coinplaint], and to be further

dealt with according to Law; and wh~rcas,

the said A. B. hut11

neglected to be or appear a t the time and place so appointed in and by the said summons, although it h:~th now been proved to me upon oath that the said summons hat11 been duly served upon the said A. B. Tllesc are therefore to con~mand you, in lfeu Majesty's name, forthwith to apprehend tlic said A B., and to bring him before some one or more of Her Majesty's Justices of the Peace for the said to answcr to the said information [or con~plaint], and t o be further dealt with X- cording to Law.

Given under my hand m d scd, this

day of

in the year of our Lord

a t

i n

the

aforesaid.
and to all Constables and Peace
Ofieers of the Provincc. of South Australia.

TVllcrcr~s

information hath this day been laid before the un-

deisigned [oncl of l ler Majesty's: Justices of the Peace in and for
t h e s i ~ i d Province, for that h. B. [here state slmrtly the matter of

the information]; aild oath I)eiliry now made before mc substan-

t i a ting the irlltter of such information. 'l'~ese are therefore to com- inand you, in Her Rlajesty's name, forthwith to apprdleud the said A. 13. rind t o bring hiin before some one or morc of Her Majesty's Justiccs of tlic Peace in ancl fur illc said Province, to answer to the

s:~itl

infonn;ltion, :md

to be fil~tlicr dealt with according to Law.

Given under i ~ y

hand and seal, this

ill the year of our Lorcl
in the Province aforesaid.

S.S.

( w. 1

Warrant of

Contmittnl j o y sufe Czntody during nn Adjoz~rnnmt of

Henring.

T o W. T. Constable of

and to the

keeper of the [House of Correction] a t

Whereas, oil

last past information was

laid [or complaint was made] bcforc the unclcrripi~rd,	[one] of Her
Majesty's Justices of the Peace in m t l for tlac s a d

for that [&C., as in summom]; arid nhcreas, the hearing of

the same is ad-journed to the

day of

iistnnt, at
o'clock in t h i forenow, at
and it is necessary that the said A. B. should,
in the meantime, be kept in safe custody: These are therefore to
command you, the said constable, in Her Majesty's name, forthwith
t o convey the said A. B. to the [House of Correction] at
and there &liver him into the custody of the keeper thereof, together with this precept; nncl I hereby coraniand you, the said keeper, to receive the said A. B. into your custody in thc snid (House of Correction) and there safely keep him until the

day of

instant, when you are

hereby required to convey ancl have him, the said A. B., at the time
and place to which the snid hearing is so adjourned as af'orc~idd,
before such Justices of the Peace for the said
as may then be there, to answer further to the said informntioil [or
complaint], and to be further dealt with according to Law.

Given under my hand and seal, this

day of

in the year of our Lord

at	in the Province aforesaid.

SCHEDULE E.

Recognixmcc fw iRe Appearance of the Dcfe?&wt

where the Case i s

cdjorwncd, or not at once z ~ r o ~ e ~ d e d

roith.

Be i t remembered, that on

A. 13. of

Labourer, and L. M. of

Grocer, personally came before the undersigned, [one] of Her Majesty's Justices of the Peace in and for the Yrovi~ice of South Australia, and severally acknowledged themselves to owe to our Sovcreign Lady the Queen, the several sums following; (that is to say) the said A. B. the sum of

and the said

L. M. the sum of, of good and lawful money of Great Britain, to be made and levied, of their several goods and chattels, lands, and tenements respectively, to the use of our said Lady the Queen, her heirs and successors, if he the said A. B. shall fail in the condition endorsed.
Taken end acknowledged the day and year first above

mentioned at

before me

J. S.

The condition of the within-written recognizal~ce

is such

that if the said A. B. shall personally appear on the

day of

instant, at

o'clock in the forenoon,

at	before such Justice of the Peace for the

said as ]nay then be there, to answer further to a certain information, [or complaint] of C. D. exhibited against the said A. B., and to be further dealt with according to law, then the said recognizance to bc void, or else to stand in full force and virtue.

Notice of such Recngnizoncrt t o be gives to the Befmdant and his

Surety.

Take notice, that you A. B. are bound in the sum of
and you L. M. in the sum of
that you A. B. appear personally on

a t	o'clock, in the forenoon, at

before such Justices of the Peace for the said Province as shall then be there, to answer further to a certain information [or complaint] of C. D., the further hearing of which was adjourned to the said time and place, and unless you appear accordingly, the recognizancc entered into by you A. B. and by L. M. as your surety, will forthwith bc levied on you and him.

Dated this

day of

l S
S. S.
e
SCHEDULE F.
e of non-appearance t o be endorsed on the i)rfnrtZant's
Recognizance.
I hereby certify, that the said A. B. hath not appeared at
the time and place in the said condition mentioned, but therein hath made default, by reason whereof the within-written recognizance
is forfeited.
J. S.
SCHEDULE G 1.

Summons o j n

Tij / i t?ms.

To E. F. of

in the Province of South

Australia.
Whereas information was laid, [or complaint was made,] before the undersigned, [one] of Her Majesty's Justices of the Peace in and for the said Province, for that [&C., as in the summons1;
and it hath been made to appear to me upon [oath] that you are
likely to give material evidence on behalf of the (Prosecutor or Complainant, or Defendant) in this behalf: These are therefore to

require you to be and appear on

o'clock in the forenoon, at before such Justices of the Peace for the said Province as may then be there, to testify what you shall know concerning the matter of the said informa- tion (or complaint).

Given under my hand and seal, this

day

of	in the year of our Lord

in the

Province aforesaid.

J. S.

(L. S.)

Proof of Service to be endorsed on Summotls,

C. D. of

Constable, (or as the case may be) maketh

oath, or affirmeth, (as the case may be) that he did on the

cfay

of between the hours of and duly serve the within named defendant with the within summons, by delivering a copy thereof to him personally, (or by leaving a copy thereof with a certain person) at being his last or most usual place of abode. (signed) C. D.
Sworn (or affirmed) before me at

the

day of

(signed) E. F., J. P

SCHEDULE G 2.
Warmnt where u lVilnevs has not obeyed a Sumons.

T o	and to all Constables and Peace

Officers of the Province of South Australia.
Whereas, information was laid [or complaint was made] before the undersigned [one] of Her Majesty's Justices of the Peace in and for the said Province, for that [&C., as in the summons]; and it having been made to appear to me, upon oath, that E. F., of in the said Province, Labourer, was likely to give material evidence on behalf of the [prosecutor], I did duly issue my summons to the said E. F., requiring him to be and

appear on

before such Justices of the Peace for the said Province as might

then be there, to testify what he should know concerning the said

o'clock on the forenoon of the same day, at whereas, proof hath this day been made before me, upon oath, of such summons having been duly served upon the said E. F., and of a reaeormble sum having been paid [or tendered] to him for his costs and expenses in that behalf: And wherees, as the said E. F. hath neglected to appear a t thc time and place appointed by the said summons, and no just excuse hath been offered for such neglect: These are, therefore, t o command you to take the said E. F. and

to bring and have him on

o'clock

in the forenoon, at before such Justices of the Peace for the said Province as may then be there, to testify what he shall
know concerning the matter of the said information [or complaint].
Given under my hand and seal this

day of

in the year of Our Lord

at	in the Province aforesaid.

J, S. (L. S.)

T o	and all Constables and Peace

Officers for the Province of South Australia.
Whereas, information was laid [or complaint made] before the undersigned [one] of Her Majesty's Justices of the Peace, in and for the said Province, for that [&C., as in the summons]; and
it being made to appear before me, upon oath, that E. F., of
(labourer) is likely to give material evidence on behalf of the (prosecutor) in this matter, and it is probable that the said E. F. will not attend to give evidence without being com- pelled so to do: These are therefore to command you to bring and have the said E. F. before me, on at

.day o f

in the year of our Lord

at	aforesaid.

J.	." S. (L. S.)

SCHEDULE N4.

I, W. T., Constable of

hereby certify to J. S., Esquire, one of Her Majesty's Justices of the Peace for the Province of South Australia, that by virtue of this Warrant I have made diligent search for the goods and chattcls of the within mentioned A. B., and that I can find no sufficient goods or chattels of the said A. B. whereon to levy thc sums within mentioned.

Witness my hand, this

day of

SCHEDULE N 5.

and all Constables and Peace

Officers of the Province of South Australia, and to the keeper of the
at

Whereas, [&C., as in either of the foregoing distress war- rants, No. 1. 2. to the asterisk (*), arid then thus).

And whereas,

afterwards, on the

day of

in the year

aforesaid, I, the said Justice, issued a warrant to
Constable

commanding h i ~ n

to levy the said sums of

by distress and sale of the goods and chattels of the said A. B.; and whereas, as it appears to me, as well by the return of the said Constable to the said warrant of distress, as otherwise that the said Constable hath made diligent search for the goods and chattels of the said A. B., but that no sufficient distress whereon to levy the sums above mentioned could be found. These are, there- fore, to command you, the said Constable of
t o take the said A. B., and him safely to convey to the

a t	aforesaid, and there deliver

him to the said keeper, together with this precept; and I do hereby
command you, the said keeper of the said
to receive the said A. R. into your custody in the said
there to imprison him (and keep him to hard labour) for
the space of unless the said several sums
and all the costs and charges of the said distress (and of the

commitment and conveying of the said A. B., to the said

) amounting t*o

the further sum of

shall be sooner paid unto you, the said keeper; and for your so
doing this shall be your sufficient warrant.
Given under my hand and seal, this

day of

in the year of our Tmd

at	aforesaid.

1. S

(L. S.)

To	and to all Constalulcs and I'eace

Officers of the Province of South Australia, and to the keeper of' the

Whereas, A. B., late of

[Labourer],

was on this day duly convicted before the undersigned, [one] of Her Majesty's Justices of the Peace in and for the said Proviacc, for that [stating the offence as in the conviction], and it was thereby ;idjudged that the said A. B., for his said off'ence, should forfeit and pay the sum of [&C., as in the conviction],
and should pay to the said C. D., the sum of
for his costs in that behalf; and it was thereby further adjudged
that if the said several sums should not be paid [forthwith] the said
A. B. should be imprisoned in the

at	[and them kept to hard labor] for tlw

space of

llnless the said several sums [and

the costs and charges of conveying the snid A. R. to the said

] should be sooner paid ; and whereas

the

t i l l lc

in and by the said conviction appointed for tlic payment of the said
several sums hath elapsed, but the snid A. B. bath not paid the same or any part thereof, but therein h& made default. These arc, therefore, to command you, the said (Constable)

to take the said A. R., i ~ ~ l d

him safely to convey to the

at	aforesaid, and there to

deliver him to the keeper thereof, together with this precept; and I
do hereby command you, the said keeper of the said

to receive the said A. B. into your custody in the said

there to imprison him (and keep him to hard la-

bor) for thc space of

unless the said several

sums (and the costs and clmrgcs of conveying him to the said
amounting to the further sum of

shall bc sooner paid; and for your so doing this shall be your suffi-	1
cient warrant.

Given under my hand and seal, this

day of

in the year of our Lord

at	in the Province aforesaid.

J. S.

(L. S.)

T o	and to all Constables and Peace

Officers of the Province of South Australia, and to the Keeper of
a t
TYhereas on last past complaint was made before the undersigned, [one] of Her illajesty'a Justices of the Pence, in and for the said Province, for that [&c. ;is in the order], and af- terwards to wit, on a t the parties ap- peared before [me1 the said Justice (or as it may be in the *rder), and thereupon having considered the matter of the said complaint, 1 adjudged the said A.13. to pny the said ('.D. the sum of

on or before the

day of

then next,

and also to pay to the said C.D. the sum of for his costs in that behalf, and I also thereby adjudged that if the said

several

su i r~s

should not be paid on or before the

day of

then next, the said A.R. should be irnpri-

sorled ill the

( and there kept to hard labor)

for the space of

unless the said sever21

sums (md the costs and charges of conveying .the said A.B. to the said ) s h ~ u l d be sooner paid: ,4nd whereas tlle time in and by the said order appointed for the payment of the said several sums of money hnth elapsed, but the said A 13. hat11 not paid tile same or any part thereof, but therein hat11 made rlcfauli: These are theref'ore t o command you the said (Constable)
to take the said A'B. and him safely convey to the said
and there to deliver him to the keeper thereof, together with this
precept; and 1 do hereby coimmand you, the said keeper of the said

to receive tlle said A.B. into your custody in the said

tllcrc to imprison him, [and keep him to I I ~ - d

labor] for the

space of

unless the said several sums [and tlic costs and

charges of convej ing hit12 to the said

amounting

t o the further sun1 of ] shall be sooner paid unto vou, the said keeper, and for your so doing, this shall he. your suf&ient
witrram t,
Given under my hand and seal this

day of

in the year of our Lord

in thc

Province aforesaid.

J. S.

(L. S. )

To	and to all Constables and Pmce

Officers of the Province of South Australia, and to the keeper of the

Whereas, A. B., !ate of

(labourer) was

this day duly convicted before the undersigned (one) of Her Ma-
jesty's Justices of the Peace in and for the said Province, for that [stating the offence as in the conviction], and it was thereby adjudged that the said A. B., for his said offence, should be impri- soned in the (and there kept to hard labor)

for the space of

These are, therefore, to com-

mand you the said Constable

t o take the said A.

B., and him safely convey to the aforesaid, and there to deliver him to the keeper thereof, together with this pre- cept; and I do hereby command you, the said keeper of the said
to receive the mid A. B. into your custody in the said

there to imprison him (and keep him to hard

labour) for the spacc of	; and for your so doing this
shall be your sufficient warrant.

Given under my hand and seal, this

day of

in the year of our Lord

a t	in the Province aforesaid.

Warrant of Commitment on on order where the disobeying of it is
Punkha66 by I?nprisonrnent.

T o	and all Constables and Peace

Officers of the Province of South Australia,

and to the keeper of thc

Whereas, on

last past, complaint was

made before the undersigned, (one) of Her Majesty's Justices of the Peace in and for the said for that, (&c. as in

the order), and afterwards, to wit, on

the said parties appeared before me (or as i t may
be in the order), and thereupon, having considered the matter of the
said complaint, 1 adjudgcd the said A. K. to (&C., as in the order), and that if, upon a copy of the minute of that order being duly served upon the said A. B., either personally or by lcavirig the same for him a t his last or most usual place of abode, he should neglect or refilse to obey the same, i t was adjudged, that in such case the said A. B. for such his disobedience should be imprisoned in the (and there kept to hard labor) for the space of (unless the said order should be sooner obeyed); and whereas it is now proved to me that after the making of the said order a copy of the minute thereof was duly served upon the said A. R., but he then refused (or neglected) to obey the same, and hath not as yet obeyed the said order. These are thcrefore t o command you, the said Constable

to take the said A. B., and him safely convey to the

aforesaid, and thcre to deliver him to the keeper thereof, to- keeper of the said to receive the said A. R.

@ether with this precept; and I do hereby command you, the said

into your custody in the said

there to im-

prison him (and keep him to hard labor) for the space of

; and for your so doing this shall be your sufficient warrant.
Givcn under my lland and seal, this

day of

in the year of our Lord

aforesaid.

~ a k v r

of Distress for Costs 9 ~ p n

Cowictioa d w r e the Offncr ix

Pzmishuble by I?nprisonme,r .

T o	and to all other Constables and Peace

Officers in the Province of South Australia

Whereas, A. B., of

laborer, was

on last past duly convicted before the under- signed, (one) of her Majesty's Justices of the Peace in and for the said Province for that (stating the offence as in the conviction), and i t was thereby adjudged that the said A. B., for his said offence should be imprisoned in the
(and there kept to hard labor) for the spncc of
and it was also thereby adjudged that the said A. H. should pay
to the said C. D. the sum of fur his costs in that
behalf; and i t was thereby ordcred, that if the said sum of
for costs should not bc paid (forthwith), the same should be levied by distress and sale of the goods and chattels of the said A. B. (and i t was adjudged, that in default of sufficient distress in that behalf, the said A. R. should be imprisoned in the said

b n d there kept to hard labor] for the

space of m to commence at and from the termination of his irnprisonrnent aforesaid, unless the said surn for costs, and all costs and charges of the said distress, and of the com- mitment and conveying the said A. B. to the said
should be sooner paid:) And whereas, thc said A. U. being so con- victed as aforesaid, and being required to pay the said surn of
fbr costs, hath not paid the Eame or
any part thereof, but therein hath made default: These are, there-
fore, to command you, in her Majesty's name, forthwith to make

the space of days next, after thc making of sucll

distress of the goods and chattels of the said 11. B., and if within

distress, the said last mentioned sum, together wit11 the reasonable charges of taking and keepiug thc said distress, shall mt be paid, that then you do sell the said goods and chattels so by you dis-

trained, and do pay the money a r i s i ~ g

from such sale to

the Clerk of the Justices of the Peace for [or other proper O%cer] that he may pay the same as by Law di- rected, and may render !he surplus (if any), on demand, to the said A. B., and if no such distress can be found. then, that you certify the same unto me, to the end that such proceedii~gs may be had therein as to the Law doth appertain.

Given under my hand and seal, this

day of	in the year of our Lord
a t	in the Province aforesaid.

J, S.

(1,. S.)

T o	and to all Constables and Peace

Officers of the I'rovince of South Australia.

Whereas on

lust, cornplai~:t was made

before the u~lclersiped

(one) of Her Majesty's Justices of the Peace

in and fbr the stud Province for that (&C.,

as in the order), and

afterwards, to wit, on

a t

the saitl parties appeared before me, as such Justice
as aforesaid (01- as inay be in the order), and thereupon, having
considered the matter of the said complaint, I adjudged the said A.
H. to (&C., a s in the order); and that upon a copy of the minute of
that order being served upon the said A. B., either personally or by leaving the same for him a t his last or most usual abode, he should neglect or ref'use to obey the same, I sdjudged that, in such case,
the said A. B., for such his disobedience should be i~nprisone(l in
the jimd there kept to hard labor) for the space of (unless the said order should be sooner obeyed); and I thereby also adjudged the said A. B. to pay to the said C. L). the sulrl of for his costs in that behalf; and I ordered that if the said sum for costs sliould not be p i d (forthwith) the same should be Levied of the goods and chat- tels of the said A. B., (and i r k default of sufficient distress in that behalf I thereby adjudged that the said A. B. should be imprisoned in the said (and there kept to hard labor) for the space of to commence at and fro111 the termination uf his irrqxisonxilent aforesaid, unless the said sum for costs, and all costs an4 charges of the said distress, and of the com- rrlitrneilt and conveyirig of the said A. K. to the said

should be sooner paid); and whereas, after thc making of the said order a copy ot t1icAmirilte

thereof was duly served uion the

said X. B., but the said A. B. did not then pay, nor hath he paid,

the said sum of

for costs, or any part thereof,

but therein hat11 made default. 'l'hese are, therefore, to conlmarld you, in Her Majesty's name, forthwith to make distress o t he goods and chattels of the said A. B., and if within the space of
days next after the making of such distress, the said last mentioned sum, t o g e t h ~ r with the reasonable charges of taking and keeping the said distress, shall not be paid, that then you do self the said gouds and chattels so by you distrained, and do pay the money arisirrg fro111 such sale to the Clerk of the Justices of the Pence for [or other proper Ofticer] that he may pay the same as by Law directed, and may render the overplus, if any, on clerrland to the saitl A. K., and if no such distress can be found, then that you, certify the same unto me, to the end that such pro-
ceedings iuay l e had therein as to the Law doth appertain.

Given under my hand and seal, this

day of

in tile year of

our Lord

a t

in thc Province aforesaid.

J. S.

(I,. S.)

SCHEDULE P 5.

To	and to all Constables and

Peace Officers of the Province of South Australia, and to the
Keeper of
Whereas [&C., as in the last two forms respectively, to the
asterisk, (*) and then thus] : And whereas, afterwards on the

day of

in tlic year afore-

said, I, the said J. S., issued c2 warrant to	[Co~lstable,]
commanding him to levy the said Sum of

for costs, by distress, and sale of the go&

and chattels

of the said A. B.: And whereas it appears to me, as well by the return of the said Constable to the said warrant of distress as other- wise, that the said Constable hath made diligent search for the goods and chattels of the said A. B., but that no sufficient distress whereon to levy the sum above mentioned, could be found: These are therefore, to command you, the said Constable of

to take the said A. B. and him safely corivey to the

a t

aforesaid: and there deliver him safely to the keeper thereof, together with this precept: and I do hereby command you, the said Keeper of the said to receive the said

A. R. into your custody, in the said

there

to imprison him (and keep him to hard labor) for the space of

unless the said sum, and all costs and charges of the said distress, (and of the commitment and conveying of the said A. B. to the said ) amounting to the further sum of shall be sooner paid unto you, the said Keeper, and for your so doing, this shall be your suficient warrant.

Given under my hand and seal this

day of

in the year of Our Lord

at	in the Province aforesaid.

J. S.

(L. S.)

Wu'nr.rar/t of 1)istress for Costs upon an Order for Dismissal of an
IN/urnlalioa or Cunrplaint.

T o	and to all Constables and Pcacc

Officers in the P r o v i n x of

Snuth Australia.

'vyhereas, on

last past, information

was laid (or corn lh in t was made) before the undersiglleJ (one)

l l e r Majesty's Justices of the Peace in nlld for tlle said Province,

for that (&C.,

as in the order of dismissal); and after[varda, to wit,

on at both parties appear- ing before me, in order that 1 should hear and deterlniile the same, and the sevrral proofs adduced to me in that behalf being by me duly heard and considered, and i t nimifestly appearing to me that the snid information (or complaint) w i ~ s not proved, I therefore dismissed the same, and adjudged that the said C. 1). should pay to the said A. 13 the sum of for his costs incurred by him in his dcfcnce in that behalf; and I ordered that if the said sum for costs should not be paid (forthwith) the same should be levied of the goods and chattels of tlic said C. D., (and I adjudged that in default of' sufficient distress in that behalf, the said C. D. should be imprisoned in the and there kept to hard labor for the space of unless the said sum for costs, and all costs and charges of the distress and of the commit- lrlent and conveying of the said C. D. to the said

should be sooner paid) (*).

A n d whereas, the said C. D.

being now required to pay unto the said A

B. the stlid sum for costs,

hath i ~ o t

paid the same or any part thereof, but thcrein hnth made

I I

default. I hest: are, therefore, to command you, in Her Majestfs
name, forthwith to rnake distress of the goods and cliattels of tbe
said C. I)., and if within the space of days next oftcr making of such distrtss, the said last mentioned soms,

said distress, shall not be p i d, that then you do sell the s i id goods

together with the reasonable charges of taking and keeping the

and chattels so by you d i h i n e c l, and do pay the money arising from such sale to (:lerk of the Justiees of the Peace

for	(or other proper OEcer) that he may pay and

apply the same as by ~ i t w directed, and may render the overplus (if s n y ), on demand to the said C. D., and if no such distress can be found, then that you certify the same unto me, t o the end that such proceedings Illay be had therein as to the Law doth apPrt?in*

Given under my limd and seal, this

day of

in the yeirr of Our Lord

a t

t11~ Province

aforesaid.

J. S.

(L. S.)

Wart-cmt of

Commitment for want of Distress in the last Care.

To	and to all Constables and Peace

Officers of the Province of South Australia, and to the Keeper of
the
Whereas, [&C., as in the last form to the asterisk, (*)

and then thus]: And whereas afterwards, on the

day

of	in the year aforesaid, I, the said Justice,

issued a Warrant to

[Constable]

commanding

him to levy the said sum of for costs, by distress and sale of the goods and chattels of the said C. D.: And whereas it appears to me, as well by the return of the said Constable to the said Warrant of Distress, as otherwise, that the said Constable hath made diligent search for the goods and chattels of the said C. D., but that no su&ient distress whereon to levy the sum above mentioned, could be found: 'These are therefore, to command you,

the said Constable

to take the said

C. D., and him safely convey to the aforesaid, and there deliver him to the said Keeper thereof, together with this precept: and I do hereby command you, the said Keeper of the said to receive the said C. D. into your custody,

in the said

there to imprison him [and keep him

to hard labor] for the space of unless the said sum and all costs and charges of the said distress, [and of the conr-

mitment, and conveying of the said C. D., to the said

amounting to the further sum of shall be sooner

paid unto you, the said Keeper, and for your so doing, this shall be
your sufficient Warrant.

Given under my hand and seal, this in the year of Our Lord

day af

at
aforesaid.
J* S. (T,. S.)
SCHEDULE R.

Cert$cate of

Clerk of the Local Cowl that the Cost3 of an Appeal

are not paid.
Office of the Clerk o j the Local Court holden at
( Title of the Appeal.)
1 hereby certify that at a Local Court holden under the pro- visions of the Ordinances in that behalf

last past, an Appeal by A. B., against a conviction [or order] of J. S., Esquire, one of Her Majesty's Justices of the Peace for the said Province, came on to be tried, and was then heard and determined, and the said Court thereupon ordered that the said conviction, [or order] should be confirmed, (or quashed, or as the case may be), and that the said (Appellant) should pay to the said (Respondent), the sum of
for his costs, incurred by him in the said appeal, and which sum was thereby ordered to be paid to theclerk (or other proper Officer)

of the said Local Court, on or before the

day of

instant:

to be by him handed over to the said (Respondent); and I further	certify, that tltc said sum for costs, has not, nor has any part
thereof, been paid in obedience to the said Order. Dated the

day of

Clerk of the
SCHEDULE S .l.

Warrant of

Distress, for Costs of an Appeal ngaimt n Co/?viclion,

or Order.

To	and to all Constables and

Peace Oficers of the Province of South Australia.

Whereas, [&c,

as in the Warrants of Distress, &C.,

N. l, 2.

ante, to the end of the statement of the Conviction, or Ordcr, allcl
then thus]: and whereas the said A. B., appealed to the Local Court holden at against the said conviction, [or order] in whidi appcal the said A. B. was the Appel- lant, and the said C. D., [or J. S., Esquire, the Justice of the Peace
who made the said Conviction or Order,] was the Ilespondent, and
which saicl Appeal, came on to be tried, and was heard, and
determined at the last Court

holden at

and the said Court thereupon ordered that the said Conviction, [or Order] should be confirmed, [or quashed, or as the case may be], and that the said [Appellant] should pay to the said [Respondent] the sum of
for his costs, incurred by him in the said Appeal, which said sum was to be paid to the Clerk of the said Court (or other proper Officer) on or before the day of

l S	to be by him handed over to the

said [C. D.]; and whereas the said Clerk ( or Officer) hath on the

day of

instant, duly certified that

the said sum for costs, had not then been paid; (*) Thcsc are therefore to command you in Her Majesty's name, forthwith, to make distress of the goods and chattels of the said [A. B.,] and if within the space of days next, after the making of such distress, the said last mentioned sum, together with the reasonable

that then you do sell the said goods and chattels, so by you	charges of taking and keeping the said distress, shall not be paid,
distrained, and do pay the money arising from such sale, to
the said Clerk (or other proper Officer) that he may pay and apply the same, as by law directed, and if no such distress can be found, then that you certify the same unto me, to the end that such proceedings may be had therein, as to the law dot11 appertain.

Given under my hand and seal, this

day of

in the year of Our Lord

in the Province aforesaid.

S. S.

(L. S.)

To	and to all Constables and Peace

Officers cf tllo l'roviricc of Soo?h Australi;r, aud to the keeper of
the

\\'herens, [&C.,

as in the last form to the asterisk (*), and

t l w l thus];

and whereas afterwards on the

clay of

in the year aforesaid, I, the undersignccl,

issued a warrant to

(Constable)

O O ~ I -

manding him to levy the said sum of for cost S by distress and sole of the goods and chattels of the said A. U. ; and v;hereas, it appears t o me, as well by the return of the sail1 con- stable t o the suit1 Warrmt of Distress as otherwise, that the said
Constable hat11 made diligent scarcl1 for the goods and chattels of the said [A. E.], but that no sufficient distress whereon to levy the
suln above mentioned could bc faund. Thesc are, therefore, t o corn-

rnand you, the said Constable

to take the

said A. B., and him safely convey to the

aforesaid,

there to deliver him to the ssid keeper thereof, together
with this precept; and 1 do liereby command you, the said keeper
of the said to receive the said A. B. into your

custody in the said

there to imprison h i m (and

keep him to hard labour) for the space of
unless the said sum, and all casts and charges of the said &stress

(anc\ of the commitment and conveying of the said A. B. to the said ), amouuting to the further sum of

sllwll be sooner paid unto you, the said keeper; and for your

so doing this shall be your sufficient warrant.
Given under my hand ancl seal, this

day of

in the year of Our Lord

at	in the Provilrcc aforesaid.

J. S.

(L. S.)

Q

SCHEDULE: '1'.

Monthly return to the Colonial Treasurer of Fines, Penal-
ties, and sums of moncy received by the undersigned, and Ilow

applied, from the

day of

to the

day of

C

'U	4"
-a

Costs

Fine. --

-4

(Signed)

(Clerk, &c, or Keeper, &C.)

dela aide: Printed by Autholity by GEORGE

Ueanh-c, King Williarn